Fanning v. Miller

Citations

• 27 Del. 527
• 4 Boyce 527
• 89 A. 737
• 1914 Del. LEXIS 63

Syllabus

<p>Justices of the Peace—Decisions Reviewable—Amount in Controversy.</p> <p>Under Rev. Code 1852, amended to 1893, p. 754, c. 99, § 24 (11 Del. Laws, c. 225, § 2), allowing appeals from judgments of justices of the peace, and providing that, where any part of plaintiff's demand or defendant’s counterclaim exceeding fifteen dollars is disallowed, such party may appeal, a counterclaim and its disallowance or reduction are jurisdictional facts to be shown by the record, where appellate jurisdiction exists only because such claim was made and disallowed or defaulted; and hence, where the record in such case showed only a judgment for plaintiff for less than fifteen dollars, that the counterclaim was not disallowed or defaulted, that no evidence was offered to support it, and that it was not so presented as to conclude defendant by a decision for plaintiff, defendant’s appeal would be dismissed.</p>